Bill Text: FL H1451 | 2011 | Regular Session | Comm Sub

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Bill Title: Dan Marino Foundation Florida Vocational College

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1451 Detail]

Download: Florida-2011-H1451-Comm_Sub.html

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CS/HB 1451

1	A bill to be entitled
2	An act relating to the Dan Marino Foundation Florida
3	Vocational College; establishing the Dan Marino Foundation
4	Florida Vocational College in Broward County as a public
5	residential postsecondary school for certain students who
6	have developmental disabilities; providing funding for the
7	school through the Department of Education subject to a
8	specific appropriation; requiring that the school comply
9	with the laws and rules applicable to state agencies
10	unless otherwise provided by law; requiring that the
11	school provide educational programs and services;
12	requiring that the Auditor General conduct annual audits
13	of the school's accounts and records; creating a board of
14	trustees; providing membership, terms, and specifying
15	powers and duties of the board; requiring that the board
16	submit legislative budget requests for operations and
17	fixed capital outlay; requiring that the board provide for
18	the content and custody of student and employee personnel
19	records; authorizing the board to provide legal services
20	and reimbursement of expenses for officers and employees
21	of the board; requiring notice and a public meeting under
22	certain circumstances; requiring that all employees and
23	applicants for employment with the board undergo personnel
24	screening and security background investigations;
25	providing a penalty for failure to disclose certain
26	material facts and for use of confidential information for
27	certain purposes; authorizing the employment of campus
28	police and providing powers, duties, and qualifications;
29	requiring reporting of on-campus crime statistics;
30	amending s. 1000.04, F.S.; providing that the Dan Marino
31	Foundation Florida Vocational College is a component of
32	the delivery of public education within Florida's K-20
33	education system; amending s. 1001.20, F.S.; authorizing
34	investigations by the Office of Inspector General within
35	the Department of Education; providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  The Dan Marino Foundation Florida Vocational
40	College.-
41	(1)  RESPONSIBILITIES.-The Dan Marino Foundation Florida
42	Vocational College is established in Broward County, Florida, as
43	a state-supported residential school that provides students who
44	have developmental disabilities, who are 18 to 26 years of age,
45	and who are no longer eligible for exceptional student education
46	funding due to age or have graduated from high school, the
47	opportunity to obtain a postsecondary education on a college
48	campus setting. The school shall be a component of the delivery
49	of public education within Florida's K-20 education system and
50	shall be funded through the Department of Education subject to a
51	specific appropriation. The school shall provide educational
52	programs and support services appropriate to meet the
53	educational and related evaluation and counseling needs of
54	students who have developmental disabilities and who meet the
55	enrollment criteria. Unless otherwise provided by law, the
56	school shall comply with all laws and rules applicable to state
57	agencies. Educational services may be provided on an outreach
58	basis for students who have developmental disabilities and who
59	are 18 to 26 years of age and to district school boards upon
60	request.
61	(2)  MISSION.-The mission of the Dan Marino Foundation
62	Florida Vocational College is to provide an appropriate public
63	education for eligible Florida students who have developmental
64	disabilities. As a school that provides programs for attaining
65	vocational, life, social, and independent living skills, the
66	school shall strive to provide students with an opportunity to
67	develop skills fostering their independence in a caring, safe,
68	and unique learning environment, to prepare them to be an
69	integral part of the community, and to allow them to become
70	significantly less dependent on government funding. The school
71	shall provide outreach services that include collaboration with
72	employers, district school boards, and community organizations
73	and shall encourage input from students, staff, parents, and the
74	community. As a diverse organization, the school shall foster
75	respect and understanding for each individual.
76	(3)  AUDITS.-The Auditor General shall conduct annual
77	audits of the accounts and records of the Dan Marino Foundation
78	Florida Vocational College. The Department of Education's
79	inspector general may conduct investigations at the school in
80	accordance with s. 1001.20(4)(e), Florida Statutes.
81	(4)  BOARD OF TRUSTEES.-
82	(a)  A Board of Trustees for the Dan Marino Foundation
83	Florida Vocational College is created and shall consist of seven
84	members. Of these seven members, three shall be appointed by the
85	Governor and one of these three shall be a person with a
86	developmental disability. Of the remaining four members, one
87	shall be the chair of the Dan Marino Foundation, one shall be
88	the chief executive officer of the Dan Marino Foundation, one
89	shall be appointed by the Speaker of the House of
90	Representatives, and one shall be appointed by the President of
91	the Senate. Each board member must have been a resident of the
92	state for at least 10 years before his or her appointment. The
93	term of office of each member shall be 4 years. The Governor may
94	remove any member for cause and shall fill all vacancies that
95	occur.
96	(b)  The board of trustees shall elect a chair annually.
97	(c)  The board of trustees may adopt rules to administer
98	this section and relating to the operation of the Dan Marino
99	Foundation Florida Vocational College. The board shall submit
100	the rules to the State Board of Education for approval or
101	disapproval. After a rule is approved by the state board, the
102	rule shall be filed immediately with the Department of State.
103	The board of trustees shall act at all times in conjunction with
104	the rules of the State Board of Education.
105	(d)  The board of trustees is a body corporate and shall
106	have a corporate seal. Unless otherwise provided by law, all
107	actions of the board of trustees shall be consistent with all
108	laws and rules applicable to state agencies. Title to any gift,
109	donation, or bequest received by the board of trustees pursuant
110	to subparagraph (e)11., shall vest in the board of trustees.
111	Title to all other property and other assets of the Dan Marino
112	Foundation Florida Vocational College shall vest in the State
113	Board of Education; however, the board of trustees shall have
114	complete jurisdiction over the management of the school.
115	(e)  The board of trustees is invested with full power and
116	authority to:
117	1.  Appoint a president, faculty, teachers, and other
118	employees, to remove the same as in its judgment may be best,
119	and to fix their compensation.
120	2.  Procure professional services, including, but not
121	limited to, medical, mental health, architectural, and
122	engineering services.
123	3.  Procure legal services without the prior written
124	approval of the Attorney General.
125	4.  Determine eligibility of students and the procedure for
126	admission.
127	5.  Provide students with necessary bedding, clothing,
128	food, and medical attendance and such other things as may be
129	proper for the health and comfort of the students without cost
130	to their parents, except that the board of trustees may set
131	tuition and other fees for nonresidents.
132	6.  Provide for the proper keeping of accounts and records
133	and for budgeting of funds.
134	7.  Enter into contracts.
135	8.  Sue and be sued.
136	9.  Secure public liability insurance.
137	10.  Do and perform every other matter or thing necessary
138	to the proper management, maintenance, support, and control of
139	the school at the highest efficiency economically possible,
140	taking into consideration the purposes of the establishment.
141	11.  Receive gifts, donations, and bequests of money or
142	property, real or personal, tangible or intangible, from any
143	person, firm, corporation, or other legal entity. However, the
144	board of trustees may not obligate the state to any expenditure
145	or policy that is not specifically authorized by law. If a bill
146	of sale, will, trust indenture, deed, or other legal conveyance
147	specifies terms and conditions concerning the use of such money
148	or property, the board of trustees shall observe such terms and
149	conditions.
150	12.  Deposit outside the State Treasury such moneys as are
151	received as gifts, donations, or bequests and may disburse and
152	expend such moneys, upon its own warrant, for the use and
153	benefit of the Dan Marino Foundation Florida Vocational College
154	and its students as the board of trustees deems to be in the
155	best interest of the school and its students. This money or
156	property is not a part of any legislative appropriation.
157	13.  Sell or convey by bill of sale, deed, or other legal
158	instrument any property, real or personal, received as a gift,
159	donation, or bequest upon such terms and conditions as the board
160	of trustees deems to be in the best interest of the school and
161	its students.
162	14.  Invest such moneys in securities enumerated under s.
163	215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in
164	The Common Fund, an Investment Management Fund exclusively for
165	nonprofit educational institutions.
166	(f)  The board of trustees shall:
167	1.  Prepare and submit legislative budget requests for
168	operations and fixed capital outlay, in accordance with chapter
169	216, Florida Statutes, to the Department of Education for review
170	and approval. The department shall analyze the amount requested
171	for fixed capital outlay to determine whether the request is
172	consistent with the college's campus master plan, educational
173	plant survey, and facilities master plan. Projections of
174	facility space needs may exceed the norm space and occupant
175	design criteria established in the State Requirements for
176	Educational Facilities.
177	2.  Approve and administer an annual operating budget.
178	3.  Require all funds received, other than gifts,
179	donations, bequests, funds raised by or belonging to student
180	clubs or student organizations, and funds held for specific
181	students or in accounts for individual students, to be deposited
182	in the State Treasury and expended as authorized in the General
183	Appropriations Act.
184	4.  Require all purchases to be in accordance with chapter
185	287, Florida Statutes, except for purchases made with funds
186	received as gifts, donations, or bequests; funds raised by or
187	belonging to student clubs or student organizations; and funds
188	held for specific students or in accounts for individual
189	students.
190	5.  Administer and maintain personnel programs for all
191	employees of the board of trustees and the Dan Marino Foundation
192	Florida Vocational College. Such employees may not be state
193	employees. The classification and pay plan for academic
194	personnel and academic administrative personnel of the school
195	shall be set by the board of trustees, subject only to the
196	approval of the State Board of Education. Such employees shall
197	be subject to the provisions of chapter 110, Florida Statutes.
198	6.  Give preference in appointment and retention in
199	positions of employment as provided in s. 295.07(1), Florida
200	Statutes.
201	7.  Ensure that the Dan Marino Foundation Florida
202	Vocational College coordinates planning with local governing
203	bodies for educational facility construction.
204	8.  Ensure that the Dan Marino Foundation Florida
205	Vocational College complies with s. 112.061, Florida Statutes,
206	concerning per diem and travel expenses of public officers,
207	employees, and authorized persons with respect to all funds
208	other than funds received as gifts, donations, or bequests;
209	funds raised by or belonging to student clubs or student
210	organizations; and funds held for specific students or in
211	accounts for individual students.
212	9.  Adopt a master plan that specifies the mission and
213	objectives of the Dan Marino Foundation Florida Vocational
214	College. The plan shall include, but not be limited to,
215	procedures for systematically measuring the schools progress
216	toward meeting its objectives, analyzing changes in the student
217	population, and modifying school programs and services to
218	respond to such changes. The plan shall be implemented for a
219	period of 5 years and shall be reviewed for needed modifications
220	every 2 years. The board of trustees shall submit the initial
221	plan and subsequent modifications to the President of the Senate
222	and the Speaker of the House of Representatives.
223	(5)  STUDENT AND EMPLOYEE PERSONNEL RECORDS.-The Board of
224	Trustees for the Dan Marino Foundation Florida Vocational
225	College shall provide for the content and custody of student and
226	employee personnel records. Student records shall be subject to
227	s. 1006.52, Florida Statutes. Employee personnel records shall
228	be subject to part IV of chapter 1012, Florida Statutes.
229	(6)  LEGAL SERVICES.-The Board of Trustees for the Dan
230	Marino Foundation Florida Vocational College may provide legal
231	services for officers and employees of the board of trustees who
232	are charged with civil or criminal actions arising out of and in
233	the course of the performance of assigned duties and
234	responsibilities. The board of trustees may provide for
235	reimbursement of reasonable expenses for legal services for
236	officers and employees of the board of trustees who are charged
237	with civil or criminal actions arising out of and in the course
238	of the performance of assigned duties and responsibilities upon
239	successful defense of the officer or employee. However, in any
240	case in which the officer or employee pleads guilty or nolo
241	contendere to or is found guilty of any such action, the officer
242	or employee shall reimburse the board of trustees for any legal
243	services that the board of trustees may have supplied pursuant
244	to this section. The board of trustees may also reimburse an
245	officer or employee for any judgment that may be entered against
246	him or her in a civil action arising out of and in the course of
247	the performance of his or her assigned duties and
248	responsibilities. Each expenditure by the board of trustees for
249	legal defense of an officer or employee, or for reimbursement
250	pursuant to this section, shall be made at a public meeting with
251	notice pursuant to s. 120.525(1), Florida Statutes. The
252	provision of such legal services or reimbursement under the
253	conditions described in this subsection is declared to be a
254	school purpose for which school funds may be expended.
255	(7)  PERSONNEL SCREENING.-
256	(a)  The Board of Trustees of the Dan Marino Foundation
257	Florida Vocational College shall, because of the special trust
258	or responsibility of employees of the school, require all
259	employees and applicants for employment to undergo personnel
260	screening and security background investigations as provided in
261	chapter 435, Florida Statutes, using the level 2 standards for
262	screening set forth in that chapter, as a condition of
263	employment and continued employment. The cost of a personnel
264	screening and security background investigation for an employee
265	of the school shall be paid by the school. The cost of such a
266	screening and investigation for an applicant for employment may
267	be paid by the school.
268	(b)  As a prerequisite for initial and continuing
269	employment at the Dan Marino Foundation Florida Vocational
270	College:
271	1.  The applicant or employee shall submit to the Dan
272	Marino Foundation Florida Vocational College a complete set of
273	fingerprints taken by an authorized law enforcement agency or an
274	employee of the Dan Marino Foundation Florida Vocational College
275	who is trained to take fingerprints. The Dan Marino Foundation
276	Florida Vocational College shall submit the fingerprints to the
277	Department of Law Enforcement for state processing and the
278	Federal Bureau of Investigation for federal processing.
279	2.a.  The applicant or employee shall, under penalty of
280	perjury, attest to the minimum standards for good moral
281	character as provided in chapter 435, Florida Statutes, using
282	the level 2 standards set forth in that chapter.
283	b.  New personnel shall be on probationary status pending a
284	determination of compliance with such minimum standards for good
285	moral character. This sub-subparagraph is in addition to any
286	probationary status provided for by state law or rules or
287	collective bargaining contracts of the Dan Marino Foundation
288	Florida Vocational College.
289	(c)  The Dan Marino Foundation Florida Vocational College
290	shall review the record of the applicant or employee with
291	respect to the crimes described in s. 435.04, Florida Statutes,
292	and shall notify the applicant or employee of its findings. When
293	disposition information is missing on a criminal record, it
294	shall be the responsibility of the applicant or employee, upon
295	request of the Dan Marino Foundation Florida Vocational College,
296	to obtain the missing disposition information and supply such
297	information within 30 days to the Dan Marino Foundation Florida
298	Vocational College. Failure to supply missing information within
299	30 days or to show reasonable efforts to obtain such information
300	shall result in automatic disqualification of an applicant and
301	automatic termination of an employee.
302	(d)  After an initial personnel screening and security
303	background investigation, written notification shall be given to
304	the affected employee within a reasonable time prior to any
305	subsequent screening and investigation.
306	(e)  The Dan Marino Foundation Florida Vocational College
307	may grant exemptions from disqualification as provided in s.
308	435.07, Florida Statutes.
309	(f)  The Dan Marino Foundation Florida Vocational College
310	may not use the criminal records, private investigator findings,
311	or information from reference checks obtained by the school
312	pursuant to this section for any purpose other than determining
313	whether a person meets the minimum standards for good moral
314	character for personnel employed by the school.
315	(g)  It is a misdemeanor of the first degree, punishable as
316	provided in s. 775.082 or s. 775.083, Florida Statutes, for any
317	person willfully, knowingly, or intentionally to:
318	1.  Fail, by false statement, misrepresentation,
319	impersonation, or other fraudulent means, to disclose in any
320	application for voluntary or paid employment a material fact
321	used in making a determination as to such person's
322	qualifications for a position of special trust.
323	2.  Use the criminal records, private investigator
324	findings, or information from reference checks obtained under
325	this section or information obtained from such records or
326	findings, or to release such information or records to any
327	person, for purposes other than screening for employment.
328	(8)  CAMPUS POLICE.-
329	(a)  The Board of Trustees for the Dan Marino Foundation
330	Florida Vocational College is permitted and empowered to employ
331	police officers for the school. Such officers must be designated
332	as the Dan Marino Foundation Florida Vocational College campus
333	police.
334	(b)  Each Dan Marino Foundation Florida Vocational College
335	campus police officer is a law enforcement officer of the state
336	and a conservator of the peace who has the authority to arrest,
337	in accordance with the laws of this state, any person for a
338	violation of state law or any applicable county or municipal
339	ordinance if that violation occurs on or in any property or
340	facility of the school. A campus police officer may also arrest
341	a person off campus for a violation committed on campus after a
342	hot pursuit of that person that began on campus. A campus police
343	officer shall have full authority to bear arms in the
344	performance of the officer's duties and carry out a search
345	pursuant to a search warrant on the campus. The Dan Marino
346	Foundation Florida Vocational College campus police, upon
347	request of the sheriff or local police authority, may serve
348	subpoenas or other legal process and may make arrests of persons
349	against whom arrest warrants have been issued or against whom
350	charges have been made for violations of federal or state laws
351	or county or municipal ordinances. Campus police officers may
352	enforce traffic laws within the boundaries of the campus in
353	accordance with chapter 316, Florida Statutes.
354	(c)  The campus police shall promptly deliver any person
355	arrested and charged with a felony to the sheriff of the county
356	in which the school is located and any person arrested and
357	charged with a misdemeanor to the applicable authority as
358	provided by law or to the sheriff of the county in which the
359	school is located.
360	(d)  The campus police must meet the minimum standards
361	established by the Criminal Justice Standards and Training
362	Commission of the Department of Law Enforcement and chapter 943,
363	Florida Statutes, for law enforcement officers. Each campus
364	police officer must, before entering into the performance of the
365	officer's duties, take the oath of office established by the
366	board of trustees. The board of trustees must provide a uniform
367	set of identifying credentials to each campus police officer it
368	employs.
369	(e)  In performance of any of the powers, duties, or
370	functions authorized by law, campus police have the same rights,
371	protections, and immunities afforded other law enforcement
372	officers.
373	(f)  The board of trustees shall adopt rules, including,
374	without limitation, rules for the appointment, employment, and
375	removal of campus police in accordance with the State Career
376	Service System and shall establish in writing a policy manual
377	that includes, without limitation, procedures for managing
378	routine law enforcement situations and emergency law enforcement
379	situations. The board of trustees shall furnish a copy of the
380	policy manual to each campus police officer it employs. A campus
381	police officer employed by the board of trustees must have
382	completed the training required by the school in the special
383	needs of and proper procedures for dealing with students served
384	by the school.
385	(9)  REPORT OF CAMPUS CRIME STATISTICS.-
386	(a)  The school shall prepare an annual report of
387	statistics of crimes committed on its campus and shall submit
388	the report to the board of trustees and the Commissioner of
389	Education. The data for the report may be taken from the annual
390	report of the Department of Law Enforcement. The board of
391	trustees shall prescribe the form for submission of the report.
392	(b)  The school shall prepare an annual report of
393	statistics of crimes committed on its campus for the preceding 3
394	years. The school shall give students and prospective students
395	notice that this report is available upon request.
396	Section 2.  Subsection (5) is added to section 1000.04,
397	Florida Statutes, to read:
398	1000.04  Components for the delivery of public education
399	within the Florida K-20 education system.-Florida's K-20
400	education system provides for the delivery of public education
401	through publicly supported and controlled K-12 schools,
402	community colleges, state universities and other postsecondary
403	educational institutions, other educational institutions, and
404	other educational services as provided or authorized by the
405	Constitution and laws of the state.
406	(5)  THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.-
407	The Dan Marino Foundation Florida Vocational College is a
408	component of the delivery of public education within Florida's
409	K-20 education system.
410	Section 3.  Paragraph (e) of subsection (4) of section
411	1001.20, Florida Statutes, is amended to read:
412	1001.20  Department under direction of state board.-
413	(4)  The Department of Education shall establish the
414	following offices within the Office of the Commissioner of
415	Education which shall coordinate their activities with all other
416	divisions and offices:
417	(e)  Office of Inspector General.-Organized using existing
418	resources and funds and responsible for promoting
419	accountability, efficiency, and effectiveness and detecting
420	fraud and abuse within school districts, the Florida School for
421	the Deaf and the Blind, the Dan Marino Foundation Florida
422	Vocational College, and community colleges in Florida. If the
423	Commissioner of Education determines that a district school
424	board, the Board of Trustees for the Florida School for the Deaf
425	and the Blind, the Board of Trustees for the Dan Marino
426	Foundation Florida Vocational College, or a community college
427	board of trustees is unwilling or unable to address
428	substantiated allegations made by any person relating to waste,
429	fraud, or financial mismanagement within the school district,
430	the Florida School for the Deaf and the Blind, the Dan Marino
431	Foundation Florida Vocational College, or the community college,
432	the office shall conduct, coordinate, or request investigations
433	into such substantiated allegations. The office shall have
434	access to all information and personnel necessary to perform its
435	duties and shall have all of its current powers, duties, and
436	responsibilities authorized in s. 20.055.
437	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.